In addition to the initial media coverage of and commentary about the Supreme Court’s 8-1 decision in Marvin M. Brandt Revocable Trust v. United States, No. 12-1173 (Mar. 10, 2014) rendered earlier this week, there has been more, mostly focused on the final lines of Justice Sotomayor’s solo dissent:
By changing course today, the Court
Here’s one that we meant to post earlier, but slipped through the cracks.
In Oklahoma eminent domain actions, the issue of valuation is first presented to a board of three commissioners (“disinterested landowners”) from the county in which the condemned property is located. The commissioners report to the court, and if one party doesn’t care
Here’s the Answer Brief on the Merits, filed last week in the California Supreme Court in City of Perris v. Stamper.
That’s the case in which the court is considering whether, in the context of determining just compensation, the judge or the jury gets to decide whether a city’s exaction is something that
One portion of the federal Uniform Relocation Act, 42 U.S.C. § 4651, requires Federal agencies participating in projects requiring the acquisition of private property to be guided by certain policies that “assure consistent treatment for owners . . . and . . . .promote public confidence in Federal land acquisition practices,” such as (and we’re paraphrasing
There’s not much doubt that the now-notorious large-scale unpermitted upland grading and grubbing by a Kauai property owner on its private land caused the runoff that catastrophically damaged the adjacent beach and the reef offshore. The damage was pretty bad, and resulted in the “largest storm water settlement [with the federal EPA] in the United
One of the perks of attending the annual ALI-CLE Eminent Domain and Land Valuation conference (this year in New Orleans) is that in addition to 2 1/2 days of high-level CLE programming involving our favorite topic, you get to meet colleagues from across the nation (and internationally – expropriation lawyers from Canada were also with
This morning, I joined my Owners’ Counsel colleagues Leslie Fields and Joe Waldo (the programming co-chairs), and more than 100 fellow eminent domain experts in New Orleans under the auspices of ALI-CLE at our annual gathering for the start of 2 1/2 days of legal education.
Joe and Leslie asked me to join Professor James
Next week, we’ll be in New Orleans for the 2014 edition of the ALI-CLE Eminent Domain program, now in its 31st year.
As usual, my Owners’ Counsel colleagues Leslie Fields and Joe Waldo (the programming co-chairs) have put together a fantastic 2.5 day of programming, taught by expert faculty. At 11:00 a.m. on
According to this story (“Eminent domain panel values Flight 93 crash site at $1.5 million“), a three-person panel of commissioners appointed by the U.S. District Court has settled on the amount of compensation owed the landowner for the taking of the site in middle Pennsylvania where United 93 crashed on September 11, 2001.
Just in: the Federal Circuit today issued an opinion in Arkansas Game & Fish Comm’n v. United States, No. 2009-5121 (Dec. 3, 2013), concluding that the government must pay just compensation for a taking, because it caused the Commission’s land to be flooded.
This is the case that was up before the U.S. Supreme